Stipulated Confidentiality Protective Order
- Date
- 2022-02-22
Summary
A Stipulated Confidentiality Protective Order in Roberta Lancione, et al. v. Mass General Brigham Incorporated, Civil Action No. 1:21-cv-11686, in the U.S. District Court for the District of Massachusetts, filed February 22, 2022 as Document 67-1 and marked Exhibit 1. Agreed by counsel under Rule 26(c) of the Federal Rules of Civil Procedure, it limits disclosure of documents stamped CONFIDENTIAL to listed categories such as counsel, parties, deponents, court reporters and retained experts. It sets procedures for challenging designations, labeling transcripts, filing under seal under Local Rule 7.2, and returning privileged material, invoking Federal Rule of Evidence 502(d). It states it is in addition to the Protective Order entered December 22, 2021 (Dkt. 60). The court signature line is undated, and Exhibit A is an acknowledgment form for recipients to sign.
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Case 1:21-cv-11686-FDS Document 67-1 Filed 02/22/22 Page 1 of 8
Exhibit 1
Exhibit 1
Case 1:21-cv-11686-FDS Document 67-1 Filed 02/22/22 Page 2 of 8
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MASSACHUSETTS
ROBERTA LANCIONE, et al.,
Plaintiffs,
v. Civil Action No. 1:21-cv-11686
MASS GENERAL BRIGHAM
INCORPORATED,
Defendant.
STIPULATED CONFIDENTIALITY PROTECTIVE ORDER
To adequately protect material entitled to be kept confidential, the parties in the above-
captioned matter, by and through their respective counsel, and pursuant Rule 26(c) of the Federal
Rules of Civil Procedure, hereby stipulate and agree to the terms of this Stipulated
Confidentiality Protective Order as follows:
1. Scope. This Stipulated Confidentiality Protective Order (“Order”) shall apply to
information, testimony, documents, and things provided by the parties in the above-captioned
matter that contain proprietary, personal, or confidential information that is not generally
disclosed to the public by the parties and any other information that is required by law or
agreement to be kept confidential.
2. Non-disclosure of Confidential Documents. No confidential document may be
disclosed to any person except as provided in Paragraph 3 below. A “confidential document”
means any document that bears the legend “CONFIDENTIAL.” In the event that a party
inadvertently fails to designate a document as confidential, and the party reasonably and in good
faith believes that it should be so designated, the party may subsequently make such a
designation by notifying the recipient’s counsel in writing as soon as practicable. After receipt
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of such notification, the recipient will treat the information as if it had been designated
confidential at the time the information was produced. The parties agree that either party may
designate appropriate documents prior to the Court’s entry of this Order.
3. Permissible Disclosures. Documents and information stamped
“CONFIDENTIAL” may be disclosed to: (i) counsel for the parties in this action who are
actively engaged in the conduct of this litigation, including counsel’s legal and clerical assistants;
(ii) a party, or an officer, director, or employee of a corporate party deemed necessary by counsel
for that party to aid in the prosecution, defense, or settlement of this action; (iii) any person
designated by the Court; (iv) persons sitting for depositions or appearing as trial witnesses; (v)
court reporters employed in this action; (vi) outside consultants or experts retained for the
purpose of assisting counsel in the litigation; and (vii) any other person as to whom the parties in
writing agree, provided, however, that persons identified in subparts (vi) and (vii) shall sign the
form appended as Exhibit A prior to the disclosure of any confidential documents to such person.
4. Dispute Regarding Classification. In the event that a party objects to the
designation of any document or documents as confidential by the other party, the objecting party
shall provide notification of the objection to counsel for the party asserting confidentiality and
may seek a Court order. Any document(s) that are stamped confidential and subject to challenge
shall be treated as subject to the protections of this stipulation until the Court orders otherwise.
5. Designation of Transcripts. When confidential information is incorporated into
a transcript of a deposition, hearing, trial or other proceeding, including exhibits, the designating
party shall, with the cooperation of all other parties, make arrangements with the reporter during
the course of such deposition or other proceeding to label such transcript, portions thereof and/or
exhibits as “CONFIDENTIAL.” In the alternative, a party may designate, in writing, such
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transcripts, portions thereof and/or exhibits as “CONFIDENTIAL” after receipt by the
designating party of the original or a copy thereof.
6. Use of Confidential Information. Persons obtaining access to confidential
documents or information under this Order shall use the information only for preparation and
trial of this litigation (including motion practice, mediation, appeals and retrials), and shall not
use such information for any other purpose, including but not limited to use in business,
governmental, commercial, administrative, or judicial proceedings or transactions other than the
present action.
7. Confidential Information at Trial. Subject to the Federal Rules of Civil
Procedure, stamped confidential documents and other confidential information may be offered in
evidence at trial or any court hearing. Any party may move the Court for an order that the
evidence be received in camera or under other conditions to prevent unnecessary disclosures.
The Court then will determine whether the proffered evidence should continue to be treated as
confidential information and, if so, what protection, if any, may be afforded to such information
at the trial.
8. Filing of Confidential Information. To the extent that any party seeks to file
documents or information subject to this stipulation with the Court, the filing party may either (a)
file a motion for leave to file the information under seal pursuant to Local Rule 7.2 prior to
submitting such material to the court, or (b) seek and obtain the producing party’s consent to file
such information without such protections. Any documents filed under seal shall remain sealed
while in the office of the Clerk so long as they retain their status as confidential documents, in
accordance with the governing Local Rule.
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9. Non-termination. The provisions of this Order shall not terminate at the
conclusion of this action. Upon completion of this litigation, the receiving party shall, upon
request by the producing party, return or destroy all Confidential material.
10. No Waiver. The inadvertent, unintentional, or in camera disclosure of
confidential documents and information shall not be deemed a waiver of the producing party’s
claims of confidentiality. If a party inadvertently or unintentionally produces any confidential
document or information without marking or designating it as such, the party may, promptly
upon discovery, furnish a substitute copy properly marked along with written notice to all parties
(or written notice alone as to non-documentary information) that such information is deemed
confidential and should be treated as such in accordance with the provisions of this Order. Each
person receiving such a notice must treat the inadvertently produced, confidential information as
confidential. If the inadvertently produced, confidential information has been disclosed prior to
the receipt of such notice, the party that made the disclosure shall notify the party providing
notice of inadvertent disclosure in writing within 14 days.
11. Production of Privileged Material. The parties agree that the production of
communications, documents or information protected by the attorney-client privilege, work
product doctrine, or any other privilege or protection from disclosure (“Privileged Material”),
whether inadvertent or otherwise, is not a waiver of the privilege or protection from discovery in
this case or in any other federal or state proceeding. If the receiving party receives documents,
ESI or other forms of information from the producing party that, upon inspection or review,
potentially appears to contain Privileged Material, the receiving party shall immediately stop
review of such information and promptly return, delete, or destroy all copies of the Privileged
Material. Upon written notification from the producing party to the receiving party identifying
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Privileged Material, the receiving party shall not review the disclosed Privileged Material; shall
return, delete, or destroy all copies of the disclosed Privileged Material; and shall make no
further use of such Privileged Material. The parties agree that this Order shall be interpreted to
provide the maximum protection allowed by Federal Rule of Evidence 502(d).
12. Nothing contained in this Order and no action taken pursuant to it shall prejudice
the right of any party to contest the alleged relevancy, admissibility, or discoverability of
confidential documents and information sought.
13. This Stipulated Confidentiality Protective Order is in addition the Protective
Order entered by this Court on December 22, 2021. See Dkt. 60. The parties will continue to
comply with that Order, and to the extent that documents and information exchanged during
discovery contain information protected from disclosure to individual Plaintiffs, Plaintiff’s
counsel will ensure that the information is not shared with Plaintiffs except in accordance with
that Order.
BY THE COURT:
_____________________________________________
DATED: February ____, 2022
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Case 1:21-cv-11686-FDS Document 67-1 Filed 02/22/22 Page 7 of 8
SO AGREED AND STIPULATED TO:
Dated: February 22, 2022 Respectfully Submitted,
/s/ Ryan P. McLane . /s/ Lynn A. Kappelman
Ryan P. McLane (BBO# 697464) Lynn A. Kappelman (BBO# 642017)
Lauren Bradford (BBO# 700084) Katherine E. Perrelli (BBO# 549820)
McLane & McLane, LLC Kristin McGurn (BBO# 559687)
269 South Westfield Street Dawn Reddy Solowey (BBO# 567757)
Feeding Hills, MA 01030 SEYFARTH SHAW LLP
ryan@mclanelaw.com Seaport East
lauren@mclanelaw.com Two Seaport Lane, Suite 1200
TEL: (413) 789-7771 Boston, MA 02210-2028
FAX: (413) 789-7731 kperrelli@seyfarth.com
lkappelman@seyfarth.com
COUNSEL FOR PLAINTIFFS kmcgurn@seyfarth.com
dsolowey@seyfarth.com
TEL: (617) 946-4800
FAX: (617) 946-4801
COUNSEL FOR DEFENDANT
CERTIFICATE OF SERVICE
I hereby certify that, on February 22, 2022, this document filed through the CM/ECF
system will be sent electronically to the registered participants as identified on the Notice of
Electronic Filing and paper copies will be sent to those indicated as non-registered participants.
/s/ Lynn A. Kappelman
Lynn A. Kappelman
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Case 1:21-cv-11686-FDS Document 67-1 Filed 02/22/22 Page 8 of 8
Exhibit A
Acknowledgment of Stipulated Confidentiality Protective Order
I have received a copy of the Stipulated Confidentiality Protective Order in the action
entitled Lancione et al. v. Mass General Brigham Incorporated, Civil Action No. 1:21-cv-11686,
pending in the United States District Court for the District of Massachusetts. I have carefully
read and understand the provisions of the Stipulated Confidentiality Protective Order.
I agree to comply with all provisions of the Stipulated Confidentiality Protective Order.
I agree to not divulge to persons other than those specifically authorized by the Stipulated
Confidentiality Protective Order, and will not use, copy, distribute or disclose, except solely for
purposes of this litigation, any confidential document or information except as provided herein.
I agree to return all documents containing confidential information to the attorneys who
presented this Acknowledgment to me within sixty (60) days after the final conclusion of this
litigation whether by dismissal, final judgment or settlement, or sooner if so requested.
Signature: __________________________________________________
Printed Full Name: ___________________________________________
Date: _____________________________________________________
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